Beruflich Dokumente
Kultur Dokumente
and
Commissioners of the Jackson Municipal Airport Authority, and each of the Board members in
their official capacities (collectively, “JMAA”), file this Memorandum in Support of their
Motion to Seal Certain Parts of Carl Newman’s Deposition state the following in support:
I. RELEVANT BACKGROUND
On June 21, 2019, Mr. Carl Newman, former Chief Executive Officer of the JMAA, was
deposed in Chandler, Arizona. Consistent with the parties’ stipulation at the outset of the
deposition and with JMAA’s position as expressed during the June 19, 2019, telephone
conference with the Court regarding the deposition of Mr. Newman and certain testimony being
placed under seal, JMAA seeks an order sealing certain portions of Mr. Newman’s deposition
testimony. As explained below, the subject testimony from Mr. Newman’s deposition contains
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information that is either privileged and protected from disclosure or that is patently irrelevant to
the parties’ claims and defenses in this case. Consequently, JMAA seeks an order sealing these
discussions during executive sessions of the JMAA Board, that testimony is privileged from
disclosure. “[T]he attorney-client privilege protects communications made during the executive
sessions.” Rush v. Columbus Mun. Sch. Dist., No. 99-60910, 2000 U.S. App. LEXIS 39647, at
*8 (5th Cir. Sep. 28, 2000). Newman has no authority to waive that privilege. See id. (noting
that “[a] corporate client has a privilege to refuse to disclose . . . confidential communications
between its representatives and its attorneys when the communications were made to obtain legal
services.”) (quoting Nguyen v. Excel Corp., 197 F.3d 200, 206 (5th Cir. 1999)); see also
Commodity Futures Trading Com v. Weintraub, 471 U.S. 343, 348-49 (1985) (“[T]he power to
waive the corporate attorney-client privilege rests with the corporation’s management and is
normally exercised by its officers and directors. . . . Displaced managers may not assert the
privilege over the wishes of current managers . . . .”). As a result, JMAA requests that this
testimony be sealed.
Looking next to Mr. Newman’s testimony regarding his departure from JMAA, this
testimony has no relevance or probative value to the parties’ claims and defenses in this case and
its availability to the public would do nothing more than unfairly prejudice JMAA and confuse
the issues before the Court. As a result, JMAA requests that it be sealed. See generally Fed. R.
Evid. 403 (providing that a court “may exclude relevant evidence if its probative value is
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Should any Defendant desire to submit to the Court any of Mr. Newman’s testimony
identified above and for which the JMAA requests an order sealing that testimony, JMAA
requests that the Court’s protective order require the Defendant to first move to submit the
testimony to be filed under seal pursuant to the Court’s local rules, and move to have the
testimony admitted into evidence, consistent with the procedure set forth in the Court’s [239]
Stipulated Order at ¶ 10. Consistent with that same procedure, the JMAA will have the right to
respond pursuant to the local rules and brief the confidentiality and relevance issues, along with
III. CONCLUSION
For the foregoing reasons, the JMAA respectfully request the Court to enter an order
sealing the portions of Mr. Carl Newman’s deposition as set forth above.
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CERTIFICATE OF SERVICE
I, LaToya C. Merritt, certify that the foregoing document has been filed with the Clerk of
Court using the Court’s ECF system, which provides service of the foregoing to all counsel of
record who have entered an appearance in this case as of the date below.
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